Clean, Natural, Dermatologist-Tested: The Words That Sell Cosmetics and the Proof They Require
By Casey Scott McKay ·
Cosmetics sit at the intersection of three regimes that use the same words differently, and most of the sector's legal exposure comes from a single question: does the claim describe how the product looks or what it does to the body. This article works through the cosmetic and drug boundary that intended use determines, the labelling rules that govern ingredient declaration, and the vocabulary — clean, natural, non-toxic, hypoallergenic, dermatologist-tested, clinically proven, cruelty-free — that carries the sector's litigation. It then covers the modernised federal framework of facility registration, product listing, safety substantiation, and adverse event reporting, and the state warning and animal testing statutes layered on top of it. The second half addresses the intellectual property side: packaging trade dress, shade and collection naming, formulation secrecy, applicator patents, and the diverted and counterfeit goods that dominate enforcement in this market.
IP and Technology > Trademarks | Article | Published 19 May 2024 - Updated 4 January 2025 | Casey Scott McKay - marksy.us
Summary. Cosmetics sit at the intersection of three regimes that use the same words differently, and most of the sector's legal exposure comes from a single question: does the claim describe how the product looks or what it does to the body. This article works through the cosmetic and drug boundary that intended use determines, the labelling rules that govern ingredient declaration, and the vocabulary — clean, natural, non-toxic, hypoallergenic, dermatologist-tested, clinically proven, cruelty-free — that carries the sector's litigation. It then covers the modernised federal framework of facility registration, product listing, safety substantiation, and adverse event reporting, and the state warning and animal testing statutes layered on top of it. The second half addresses the intellectual property side: packaging trade dress, shade and collection naming, formulation secrecy, applicator patents, and the diverted and counterfeit goods that dominate enforcement in this market.
Keywords: cosmetics claims · cosmetic drug boundary · intended use · structure function claims · ingredient declaration · INCI labelling · clean beauty claims · natural and non-toxic · hypoallergenic · dermatologist tested · clinically proven · cruelty free claims · fragrance allergen disclosure · safety substantiation · adverse event reporting · packaging trade dress · shade name trademarks · formulation trade secrets · influencer disclosure · gray market cosmetics
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